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152
Don’t be indifferent! |
TRAFFICKING IN HUMAN BEING - IS NOT A CRIME ONLY RELATED TO INVOLVEMENT TO RPOSTITUTION OR KEEPING THE BROTHELS WHICH IS AGAINST PUBLIC MORALITY!
VICTIM OF TRAFFICKING IN HUMAN BEING - IS NOT A PERSON ENGAGED IN PROSTITUTION OR HAVING IMMORAL LIFESTYLE!
The elements of the offense of the trafficking in human being
Methods of commission of offense - by threat of force or violence, intimidation or other means of coercion, abduction, fraud, deception, influence or abuse of power by weakness, or the consent of a person having control over another person for the material and non-material gifts, by giving privileges or discounts
Human exploitation IS CONSIDERED as FOLLOWING:
Victim of human trafficking – is a person who suffered from human trafficking, or supposed to be suffered from human trafficking!
Signs of victims of trafficking in human being:
BASED ON the Criminal Code of the Republic of Azerbaijan
COMPARISON TABLE
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Trafficking in human being, FORCED LABOR (Articles N- 144-1, 144-2 and 144-3. ) |
Attraction to prostitution, ownership of brothels (articles 243 and 244)
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A crime against the freedom of person. |
Is a crime against public morality. |
Is a type of transnational organized crime and in substance is a form of modern slavery. |
Transnational and slavery characters do not exist. |
The purpose is commitment of exploitation. |
The purpose of commitment is to get income or other benefits. |
Grave crime, but if by inadvertence is caused to death or other serious consequences, is considered as especially grave crime. |
Less grave crime. |
Victim limited freedom, men and women who are victims of trafficking in human being, have been forced to serve against their will; is protected, provided with assistance, social rehabilitation, ensures security and privacy is ensured (confidentiality) by the state |
Victimlonely women voluntarily engaged in prostitution or having immoral lifestyle.
According to the Article 524 of the Administrative Code, administrative fine shall be in the amount of 100 manats. |
Forms of commitment - forced labor, sexual exploitation, slavery, practices similar to slavery and dependency status coming from them, illegal removal of human organs and tissues, illegal medical research on a person, the use of a woman as a surrogate mother etc. |
Forms of the offense have not been determined by the law. (The forms of commitment of a crime are not determined by the law.) |
Methods of committing - by applying force or violence, intimidation or other means of coercion, abduction, fraud, deception, influence or abuse of power by weakness, or the consent of a person having control over another person for the material and non-material gifts, by giving privileges or discounts |
The methods of commitment are not determined by the law. |
PUNISHMENT - shall be punished with jail for the term from five to fifteen years. |
PUNISHMENT - a fine, public or community work, or punished by jail up to six years. |